Michigan Judge Drops Charges Against Trump 'Fake Electors'

A Michigan judge on Tuesday dismissed criminal charges against 15 supporters of President Donald Trump who presented themselves as an alternate slate of electors in 2020 after President Joe Biden won the state.

Judge Kristen D. Simmons of the 54-A District Court in Lansing said the office of Attorney General Dana Nessel (D) can’t proceed to trial with conspiracy, forgery, and other charges against the group, which included former Republican National Committee member Kathy Berden and ex-state GOP Co-Chair Meshawn Maddock.

The case hinged on intent and the defendants “were executing their constitutional right to seek redress,” said Simmons in her 30 minutes of remarks from the bench.

“The prosecution would like the court to believe that these named defendants were savvy or sophisticated enough to understand fully the electoral process, which the court does disagree, because the document that was presented doesn’t even align with the level of sophistication that they want me to believe,” said Simmons, an appointee of Gov. Gretchen Whitmer (D).

The group met in the basement of the Michigan Republican Party headquarters on Dec. 14, 2020, and signed multiple certificates that said they were the “duly elected and qualified electors for President and Vice President of the United States of America for the State of Michigan,” according to a 2023 news release from Nessel announcing the charges.

The documents were sent to the US Senate and National Archives to try to award electoral votes to Trump and was part of a national effort from his backers to overturn the result of the election. Those efforts were and continue to be amplified by Trump, who continues to falsely say he won that year.

Nessel originally charged 16 defendants, but one cooperated with prosecutors in exchange for the charges against him being dropped.

Nessel, in a virtual news conference after the hearing, noted that distrust in the 2020 election results led to the attack on the US Capitol on Jan. 6, 2021. She said her office is considering whether to appeal the decision from Simmons and that it’s getting increasingly difficult to see election-related cases to completion.

“This is the most dangerous slippery slope that exists for American democracy,” Nessel said. “When the courts determine that violations of election law should not even be heard by a jury. When state legislators and governors across America make it easier for Trump to cheat. When the Supreme Court hands the president a blank check to violate any law, commit any crime, without penalty or consequence.”

Berden’s attorney, George B. Donnini of Butzel Attorneys and Counselors, said Simmons’ decision caused “a big sense of relief.” He added that “we couldn’t be more pleased with the result from her.”

The case is Michigan v. Berden, Mich. Dist. Ct., No. 2023-23-02209-FY, 9/9/25.